CAL-OSHACAL-OSHA

They are the government and they are here to help us!

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CAL-OSHA?CAL-OSHA?

• FED OCCUPATIONAL SAFETY AND HEALTH ACT 1970

• CAL-OSHA 1973• AB 1127

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DOSHDOSH

• DIVISION OF OCCUPATIONAL SAFETYAND HEALTH

• Enforcer of safety and Health Standards and Regulations

• Bureau of Investigations- Criminal Investigations

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CAL-OSHA CONSULTINGCAL-OSHA CONSULTING

• Offers these services:– INSPECTONS– CONSULTING– TRAINING– NO FINES …...

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OCC. SAFETY AND HEALTH STDS. OCC. SAFETY AND HEALTH STDS. BOARDBOARD• ADOPTS• AMENDS• REPEALS

• California Code of Regulations, Title 8

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OCC.SAFETY AND HEALTH OCC.SAFETY AND HEALTH APPEALS BOARDAPPEALS BOARD• HEARS APPEALS REGUARDING

CAL/OSHA ENFORCEMENT ACTIONS

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WHO’S COVERED ??WHO’S COVERED ??

• NO-- MARITIME• NO-- DOMESTIC SERVICE WORKERS• NO-- FEDS

• YES EVERYBODY THAT’S LEFT

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INSPECTIONSINSPECTIONS

• PROGRAM PLAN--- RANDOM -- RELATED

• UNPROGRAMED (after an) ACCIDENT---- COMPLAINT---REFERRAL---- FOLLOW-UP

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WHAT TO EXPECT FROM AN WHAT TO EXPECT FROM AN INSPECTIONINSPECTION• PERMISSION• CREDENTIALS• CONFERENCE• WALKAROUND• CITATION• CLOSING CONFERENCE

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PERMISSION PERMISSION

• MANAGEMENT REPRESENTATIVE• EMPLOYER REP WITH AUTHORITY

• INSPECTION WARRANT• CREDENTIALS W/PHOTO

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OPENING CONFERENCEOPENING CONFERENCE

• REVIEW OF RECORDS– IPP– WORK/COMP– INSPECTIONS– COMMUNICATION– ACCIDENTS– REASON FOR VISIT

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WALKAROUNDWALKAROUND

• WITH EMPLOYER REP. AND EMPLOYEE REP.

• INTERVIEWS• PHOTOS• TESTING AND SAMPLING• YELOW TAG• PRESERVE ORDER

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CITATIONSCITATIONS

• ANY VIOLATION OF CODE• POSTING (THREE DAYS)• ABATEMENT

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PENALTIESPENALTIES

• SIZE– 100 EMPLOYEES

• GOOD FAITH– NEXT SLIDE

• HISTORY– PREVIOUS CITATIONS

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GOOD FAITHGOOD FAITH

• SAFETY PROGRAM EVALUATION• COOPERATION• EFFORT TO COMPLY• COMMUNICATION W/EMPLOYEES• RESOLVE TO CORRECT HAZARD• PPE

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ABATEMENTABATEMENT

• ABATEMENT CREDIT– 50% presumption of correction– credit revoked without proof

– Failure to abate– not to exceed $15,000 per day

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CLOSING CONFERENCECLOSING CONFERENCE

• ALLEGED VIOLATIONS• ENFORCEMENT ACTIONS• ABATEMENT • FOLLOW-UP INSPECTION

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SETTING ABATEMENT DATESETTING ABATEMENT DATE

• DEGREE OF HAZARD• TIME NEEDED• INTERIM SAFETY MEASURES• WEEKENDS AND HOLIDAYS• RECEIPT OF CITATION

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TYPES OF ISSUESTYPES OF ISSUES

• NOTICE• SPECIAL ORDER• INFORMAL MEMORANDUM• FAILURE TO ABATE• CITATION

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CITATIONSCITATIONS

• WILLFUL• SERIOUS

– DEATH OR SERIOUS INJURY

• GENERAL• REPEATED

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PENALTIESPENALTIES

• VIOLATIONS• FAILURE TO ABATE• DAILY PENALTY• REPEAT VIOLATIONS• FALSE STATEMENTS AND/OR

RECORDS• KNOWLEDGE OF HAZARD

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INFORMAL CONFERENCEINFORMAL CONFERENCE

• WHEN– EMPLOYEE MAY REQUEST– WITHIN 10 DAYS

•WHY– EXTENTION OF ABATEMENT– EVIDENCE– PENALTIES INAPPROPRIATE

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APPEALSAPPEALS

• 15 DAYS AFTER RECEIPT• TELEPHONE PREHEARING• LOCAL DOSH OFFICE• ADMINISTRATIVE LAW JUDGE• PETITION FOR RECONSIDERATION

WITHIN 30 DAYS• APPEAL TO SUPERIOR COURT